Nuremberg Judgment and Sentences

41 Am. J. Int’l L. 172 (1947)

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Nuremberg Judgment and Sentences

International Military Tribunal
41 Am. J. Int’l L. 172 (1947)

Facts

The Nuremberg Charter authorized the International Military Tribunal to hear charges against Nazi leaders of conspiracy, crimes against the peace, war crimes, and crimes against humanity that had occurred during World War II. The tribunal indicted 22 Nazi leaders. Wilhelm Keitel (defendant), Hitler’s military chief of staff, was charged with all four crimes. Evidence showed Keitel had ordered that surrendering enemies be executed. Keitel had also ordered that civilian hostages be taken and executed in retaliation for attacks on German soldiers and affirmed Hitler’s orders that Jewish civilians be executed for being Jewish. Keitel enslaved millions of civilians of occupied countries and Russian prisoners of war to serve Germany. Keitel’s defense was that he had merely obeyed a superior’s orders. Hans Frank (defendant), the Nazi governor of occupied Poland, was charged with conspiracy, war crimes, and crimes against humanity. Evidence showed Frank had enslaved and deported millions of Polish civilians and routinely executed civilians and hostages to terrorize the population. Forces under Frank’s control executed almost the entire Jewish population in Poland, possibly as many as 3.5 million civilians. Frank also diverted most of Poland’s food to Germany, causing Polish civilians to starve. Frank claimed ignorance of these atrocities, citing a power struggle with another Nazi leader as limiting his information. Baldur von Schirach (defendant), the Nazi leader of occupied Vienna, was charged with conspiracy and crimes against humanity. Evidence showed von Schirach had assisted with Nazi deportations of over 50,000 Jewish civilians from Vienna, knowing they would be mistreated or executed at the other end. The tribunal considered the charges.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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